What should I do if my wife filed a false DV case against me
25-Apr-2023 (In Criminal Law)
Hi,.my wife field a DV case against me few days ago.we had a court marriage in special marriage act 1954 with under section 13.after the registration of marriage my wife was not staying with us.But still she field that case.Now anyhow I came to know that the officer of that marriage is Fake and i have written prove of that issued by register general of Marriage.Now what to do?and how to do.....
Sir,
Taking a authorised notarised copy by Register General of Marriage i can advice you to give a notice in one vernacular and one national daily of the dissapearence of your wife from the Registrar of the Family Court having jurisdiction.
Best
Taking a authorised notarised copy by Register General of Marriage i can advice you to give a notice in one vernacular and one national daily of the dissapearence of your wife from the Registrar of the Family Court having jurisdiction.
Best
you have to contest the case with your defence .You have not mentioned whether your marriage has been consumated or not. if your marriage is consumated then she has the status of your wife to file the case.if not it will be better to file a civil suit challenging the legality of the said fake marriage registration and to obtain stay order to the proceeding of the said D V Act case.
Since your wife did not stay with you hence question of domestic marriage does not arise. A marriage certificate issued by a fake registrar is invalid. Therefore, the marriage is invalid. Hence you immediately approach for a decree of nullity of marriage before the civil Court for a formal declaration that your marriage is null and void. At the same time you file a case for quashing of criminal proceeding before the Hon'ble High Court at Calcutta, our High Court in many of my matters granted quashing in such situations. All the best. Regards
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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